Everything You Should Know About Having a Will

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If you die without a will, then the probate court will have to determine who inherits your property. This decision can be a long and difficult process, and it often results in conflict among family members. In some cases, the courts may even decide to sell off your assets to pay your debts. It’s therefore important to make a testament and choose your beneficiaries carefully. Keep reading to learn all about why you should have a will and what to include in it.

What Is a Will?

A will is a legal document that allows you to choose who will inherit your property after your death. It can also be used to name a guardian for your children and appoint an executor to manage your estate. A testament must usually be signed in front of a notary public or two witnesses in order to be valid.

Why Is It Important to Have a Will?

Having a will allows you to control the distribution of your property and possessions after your death. Without one, the courts will make these decisions for you, potentially causing conflict among family members or leading to assets being sold off to pay debts. It also allows you to name a guardian for your children and appoint an executor who will manage the distribution of your estate.

How to Create a Will

You can create a document with your last wishes by working with a lawyer who will be able to walk you through the entire process. It’s important to update your will regularly, especially if there are changes in your family or financial situation. Making changes ensures everything will go where you’d like it to when the time comes.

What to Include in Your Will

When choosing an executor for your will, consider someone who is responsible and organized. They will be responsible for carrying out the terms of your legal document. Your beneficiaries should also be carefully chosen because they will receive your property after you pass away.

Overall, creating a will is important for ensuring that your property and assets are distributed according to your wishes after you pass away. Make sure to carefully consider all factors and update your testament as necessary. If you’re ready to create a will, then get in touch with us today to start the process.

4 Signs You Need to Hire Custody Lawyers

Custody cases are some of the most complex situations in the legal industry. Deciding who stays with the kids, determining visitation periods, and settling on what parent contributes to their children’s education isn’t a walk in the park.

A report by Divorce Peers states that 51% of parents in child custody or placement cases concur to give the mother primary custody of the kids. Plus, data from the U.S. Census Bureau reveals that child support income comprises over 70.3% of the mean annual personal income of a custodial parent who receives full child support and is below the poverty line. With these facts in mind, you can see why hiring custody lawyers is in the best interest of any child with parents who are split up.

Let’s examine four indications that you should consult custody lawyers as soon as possible.

1. Your Ex Has Hired a Lawyer

Does your ex have a child custody attorney? If so, don’t hold off on hiring a lawyer to represent you. The last thing you want is to handle a custody dispute alone, especially if you’re up against an experienced attorney. Attorneys have the knowledge and expertise to make a stronger counterargument and give you a favorable outcome.

2. Your Child Is in Danger

Don’t hesitate to contact a lawyer if your child’s safety is threatened. Talk to your lawyer about any concerns you may have. They can help you make decisions that suit your wellness and that of your child.

3. Your Ex Denies Custody or Visitation

Is your ex preventing you from seeing your child, abruptly canceling visits, or making it difficult for you to communicate with them? You definitely need the services of an experienced custody lawyer. For instance, dealing with a restraining order can be quite challenging to handle on your own. A skilled lawyer can defend your case and ensure you keep in touch with your child.

4. The Case Crosses State Borders

Since each state has its own laws governing child custody, one parent’s relocation might make child custody disputes considerably difficult. Custody lawyers offer valuable services in cases involving parents or parties who reside in separate states.

Hiring custody lawyers can improve your chances of keeping custody of your child. Do you wish to discuss your case? Get in touch with Woodworth & Holter, PLLP today.

How to Find the Right Child Custody Attorney

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Child custody cases are quite common, and according to UNICEF, more than 26.6% of children under 12 lived in one-parent homes while the other parent lived in a separate location. Are you struggling to find a good child custody attorney? You’re probably not the only one. Here are some tips for finding the best child custody attorney.

References

Do you know anyone who has dealt with a child custody case before? This could be a good starting point if you’re looking for an attorney. You can also ask your friends and family or seek advice from court clerks. Depending on where you visit, some courts tend to maintain a network of child custody lawyers that you can tap into. However, when you get a list of references, it doesn’t mean you should hire the first attorney on that list. You should do further checks to ensure they’re the right one for your case.

Ask the Right Questions

You should never hire a child custody attorney before meeting them in person. If you’ve scheduled a meeting with someone, you need to ensure you have a comprehensive list of questions to ask. One of the things you need to find out is if the attorney has any experience with your type of case. You should also ask about the fee structure. Some attorneys charge on a retainer basis, while others charge per hour. Apart from that, you should also find out if the lawyer offers a free consultation, which will give you an idea of whether or not you’ll be able to work with the child custody attorney.

Check the Attorney’s Reputation

It’s very important to try and get more information concerning an attorney’s reputation before you start working with them. Fortunately, there are lots of resources you can use to check an attorney’s reputation before you start working with them. For instance, you can check your state’s attorney directory, which will let you know if the attorney you’re interested in is in good standing with your state bar. Another way to learn more about an attorney’s reputation is to ask around town, and there’s a good chance people will know a lot about an attorney’s reputation.

These are some tips you can use to find a child custody attorney. Are you having problems finding the best attorney around you? Get in touch with us today, and our team can help you with your case.

Everything You Should Know About Estate Planning

Estate planning is the process of arranging for the disposal of one’s properties after their death. When a person passes away, the management of their property is important because it can be the cause of chaos after someone passes away. Estate planning ensures that all of a person’s property is managed well and distributed among their dependents after their death. According to Advance Capital Management, 55% of Americans pass away without estate management or a will. Estate planning can take many forms, so let’s look into this subject in more detail.

Wills

A will is an essential part of estate planning. A will helps you decide who will own what property after you have passed away. A will empowers a person when they are living to decide who will inherit what property after they’ve passed on. It also gives one the power to make other important decisions, such as choosing a guardian for their children. It ensures that there is continuity after the death of a person. It also protects the rights and affairs of loved ones after one passes away. A will is an essential document in estate planning that de-escalates tensions between interested parties after one’s death. A will can only become legally binding after one dies, and it has to go through the probate process for the property to be given to the beneficiaries.

Trusts

A trust is another important estate planning tool. A trust ensures that all property is distributed to the proper beneficiaries after one’s death. One creates a trust and transfers ownership of their property to it. The trustee then distributes the property to the listed beneficiaries as indicated. Unlike a will, a trust does not need to go through the probate process. In a trust, there can be a pour-over where the property that you didn’t indicate is handed over to the trust. One can have both a will and a trust.

The Power of Attorney

Estate planning is not complete without the power of attorney. Power of attorney gives authority to an individual to manage the property in case one becomes incapacitated. This happens in trusts. When one can no longer act on their property as willed, then the power of attorney can give a trustee the power to act on one’s behalf.

Are you interested in putting together a will? Do you need help choosing a power of attorney? Contact Woodworth & Holter, PLLP today for all of your estate planning needs.

Everything Custody Attorneys Wish You Knew About Custody Cases

When you’re looking for a good child custody attorney, it’s important to do your due diligence. This process involves seeking references, checking the state bar association, and seeking information from other reputable resources to narrow down your options for custody attorneys. It’s also a good idea to learn more about child custody proceedings, so check out these top things that custody attorneys wish you knew about custody cases.

Avoid Things That Sabotage Your Case

If you’re in the middle of a child custody battle, you should be interested in doing things that advance instead of harming your case. Keep in mind that your behavior will be under evaluation throughout the proceedings, so you should watch out for anything that could set you back.

Besides watching your behavior, you should also be careful in your conversations because you never know when your spouse or someone else could be recording you. Imagine saying something out of anger or frustration only to have it used against you. You should also avoid yelling or confrontations with your spouse or children as well as any other behavior that might be damaging to your case.

Hiring a Lawyer Is Essential

It’s normal to wonder if it’s necessary to hire a child custody attorney. If you want a speedy resolution to your case and less stressful child custody proceedings, then the answer is yes. Child custody attorneys also help you avoid costly mistakes and help ensure a better outcome for your case. The trick is to find a reputable attorney with a good track record.

Factors That Determine Custody

If you’re going before a judge, it’s also a good idea to understand the factors the judge considers when resolving custody issues. In most instances, the judge considers various factors, such as the age and mental state of the child. They’ll also look at the relationship between the child and each of the parents, whether each parent provides a stable environment, and the ability of the parent to care for the child. Knowing these factors will help you manage your expectations and help you determine what you need to do to ensure the best outcome.

Child custody proceedings can trigger strong emotions. The best thing you can do is to arm yourself with the right knowledge and hire a reputable child custody attorney. Contact us today if you need an experienced attorney to be on your side during your child custody proceedings.